Franklin+v.+Gwinnett+County+Public+Schools

Michael Mooney ** Franklin **** v. Gwinnett County Public Schools, 503 **** US **** 60 - Supreme Court 1992 **

In 1986, North Gwinnett High School student Christine Franklin was in her sophomore year. She claims that during this time Andrew Hill, a sports coach at the school, continually sexual harassed her and other females at the school. All of the sexual activity was unsolicited by Ms. Franklin and she states that Mr. Hill forced and coerced her into kissing and other sexual acts. After school officials were made aware of the situation, an investigation occurred in which no action was taken by the school and Ms. Franklin was discouraged from pressing any further charges. Mr. Hill finally resigned under the condition that all charges against him be dropped and the investigations be closed. Ms. Franklin filed suit against the Gwinnett County School System and is asking for monetary damages for the harassment she endured while attending school. She has asked for these damages under the Title IX of the Education Amendments of 1972 which was recognized as lawful in //Cannon// v. //University of Chicago,// 441 U. S. 677 (1979). Her suit was denied by the lower courts who said that Title IX was not able to pay out such damages and cited //Drayden// v. //Needville Independent School Dist.,// 642 F. 2d 129 (CA5 1981) as the precedent. The Supreme Court reversed the decision of the lower courts and ruled that Title IX does allow for monetary damages to be awarded in a case where legal rights have been invaded. The court quoted from // Bell // v. //Hood,// 327 U. S. 678, 684 (1946) stating, "[W]here legal rights have been invaded, and a federal statute provides for a general right to sue for such invasion, federal courts may use any available remedy to make good the wrong done." The courts went on to quote Chief Justice John Marshal from Marbury v. Madison 1803 where he stated that Government is a government of laws not of men. The courts added that this fact would cease if the laws furnish no remedy for the violation of a vested legal right. One final precedent they cited when rationalizing their decision in favor of Ms. Franklin was //Ashby// v. //White,// 1 Salk.19, 21, 87 Eng. Rep. 808, 816 (Q. B. 1702) which stated If a statute gives a right, the common law will give a remedy to maintain that right. The teaching profession, the schools, and the officials need to pay heed to this ruling. The school system in question had every obligation to help Ms. Franklin in her complaints, but they chose to take no action and try to sweep it under the rug. They should accept any actions that are taken against them, they were in the wrong. The impact on teachers in general should be the fact that our students must be protected and if a problem is brought to light or accusation made, especially of this nature, it is the duty of the teacher to do everything in their power to help. ** Question: ** Title IX allows for monetary damages to be awarded when legal rights are violated? True or False?
 * Background: **
 * Decision and Rationale: **
 * Impact on Teaching: **

Jessica Oliver FRANKLIN v. GWINNETT COUNTY PUBLIC SCHOOLS United States Supreme Court Argued December 11, 1991. Decided February 26, 1992.

Background: The plaintiff, Christine Franklin, brought suit against the Gwinnett County School District in an initial suit on December 29, 1988. Ms. Franklin filed a complaint asking for monetary awards for the compensation due to her because of the sexual harassment she was subjected to as a high school student at North Gwinnett High School. She was repeatedly harassed by Andrew Hill, a coach and teacher in the school system. Mr. Hill, also having harassment complaints from other female students, was investigated, but with no actions against him taken. The plaintiff also stated that she was discouraged from pressing charges against Mr. Hill, who later resigned with the agreement that all charges against him be dropped. Ms. Franklin asked for monetary damages through Title IX of the Education Amendments of 1972.

Decision and Rational: Originally, the lower courts declared that Title IX was not responsible for handling monetary damages such as those involving Ms. Franklin’s case. They cited the case of //Drayden// v. //Needville Independent School Dist.,// 642 F. 2d 129 (CA5 1981), which supported a decision that Title IV did not “support a claim for monetary damages”. The court reasoned that Title IX and Title IV have developed along similar lines since being implemented. The Supreme Court overturned the decision of the lower court stating a ruling in //Cannon// v. //University of Chicago,// 441 U. S. 677 (1979). The court also cited the following, "[W]here legal rights have been invaded, and a federal statute provides for a general right to sue for such invasion, federal courts may use any available remedy to make good the wrong done." [|//Bell//] [| v. //Hood,// 327 U. S. 678, 684 (1946)].

Impact on Teaching: This case is unfortunate in the fact that the teacher was never criminally charged for his actions. The school district was at fault for not immediately placing Mr. Hill on leave and investigating the allegations further. A person in a teaching position should never be allowed to get away with the actions alleged by Ms. Franklin. Teachers and administrators must not be afraid to step forward when inappropriate behaviors occur in the schools to protect their students.

Question: T or F: Monetary damages were not awarded to Ms. Franklin as compensation for the sexual harassment she incurred in high school.

 **503 U.S. 60 (1992)**  **FRANKLIN**  No. 90-918.  **United States Supreme Court.**  Argued December 11, 1991.  Decided February 26, 1992. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT Background: Christine Franklin was a student at a Gwinnett County public High School during the years of 1985 thru 1989. During her time at this school a male coach/teacher began to sexually harass her and several other unnamed female students. The harassment developed in coercive sexual intercourse between the plaintiff and the coach/teacher on school grounds. The plaintiff complained of the sexual abuse to the school system which chose to do nothing to intervene and stated that she should just be quiet about it. The school made no move to protect the student and took no action against the coach/teacher. The teacher eventually left under an agreement that no charges be filed against him by the school. The plaintiff sued for damages and lost. She appealed to the Supreme Court and the ruling was overturned and damages were awarded under Title IX entitlements.
 * v.**
 * GWINNETT COUNTY PUBLIC SCHOOLS et al.**

Decision and Rationale:

The Supreme Court reversed the decision of the lower courts and ruled that Title IX does allow for monetary damages to be awarded in a case where legal rights have been invaded. The court quoted from //Bell// v. //Hood,// 327 U. S. 678, 684 (1946) stating, "[W]here legal rights have been invaded, and a federal statute provides for a general right to sue for such invasion, federal courts may use any available remedy to make good the wrong done." The Court further cited [|//Marbury// v. //Madison,// 1 Cranch 137, 163 (1803),] for example, Chief Justice Marshall observed that our Government "has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of a vested legal right." These cases led to the original decision that favored the school system to be reversed in favor of Ms. Franklin. Implications:

The covering of teachers misconduct by school officials subjects the entire population of that district to monetary damages via increased taxes due to settlement costs and legal fees. It also puts all teachers at risk when the evil deeds of one are covered by supposedly trust worthy school officials.

True/False? Does Title IX cover all issues concerning equallity within a school system?

 **Franklin**  **v.**  **Gwinnett County Public Schools**  Argued December 11, 1991.  Decided February 26, 1992. **Background:** Franklin was a student at North Gwinnett High School in Gwinnett County, Georgia, between September 1985 and August 1989. The student filed a law suit in December 1989 in the District court in Georgia, the suit claim that Franklin had been continual sexual harassed and also forced to engage in sex acts by the named teacher during the course of time at the school. Andrew Hill, who was a teacher and a coach and worked for the Gwinnett school district, the administrators became aware of the harassment but took no action to stop the teacher. The school discouraged Franklin from pressing charges against Hill. And the teachers walked away accused, but never charge with any of the pending complaints and as a part of the deal he wanted all pending complaint to be dropped and the school closed the investigation. The court ruled unanimously that punitive damages should be awarded to plaintiffs when it can be proved that an institution intentionally evaded compliance with Title IX. **Decision and Rationale**: The court final decisions agree that the student is entitled to damages, and that the civil rights of the student had been violated and that the school district has to treat cases of this natural quickly and hassle. The student has the same rights under the law that any person does under the U.S. **Impact on Teaching:** Teachers have to be aware of the actions that affect the student’s right. Teachers have to accountable as well as their employer for professional standards. Laws Enforced not allowing any student to mistreat. The school and all teachers need to always error on the side of caution. Never allow a close door to cause questions and on the other hand a closed door should raise a flag. ** Quiz Question: ** Title IX affects public schools how? Explain Why Submit: by Carrie Gossett